Spec Master Minutes 12/22/2004
COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT ANDENVLRON]'vlENTAL S1m VICES DIVISION
281)0 N. Horseshoe Dr .
Nuplcs. FI'JI'ída 34104 .
23')·4113·2440 . I.AX 23')-403·23·:(3
Hearing of the Special Master
December 22, 2004 8:30 A.M.
HEARING AGENDA
A. Call to Order
I. Special Master Brenda Garretson Presiding
II. Hearing Procedures
B. Collier County Sheriff's Office - Parking Bureau
i. BCC VS. Lvnda Pasqua - Case SO 140565
1. Lawrence Keller, Issuing Officer
2. Citation SO 140565 issued on 10/25/04 at 9:52 a.m.
3. Alleged Violation - Expired Meter
4. Fines include $30 Citation + $51.00 Operational Costs
ii. BCC VS. William Bell - Case SO 140578
1. Lawrence Keller, Issuing Officer
2. Citation SO 140578 issued 11/8/04 at 1 :22 p.m.
3. Alleged Violation of Ordinance Sec. 130-67(Handicapped)
4. Fines Include $250 Citation + $51.00 Operational Costs
Hi. BCC VS. Chad Parker - Case SO 140562
1. Lawrence Keller, Issuing Officer
2. Citation SO 140562 issued 10/19/04 at 12:53 p.m.
3. Alleged Violation of Ordinance Sec. 130-67 (Handicapped)
4. Fines Include $250 Citation + $51.00 Operational Costs
iv. BCC VS. Patricia Lomill - Case SO 140583
1. Lawrence Keller, Issuing Officer
2. Citation SO 140583 issued 11/11/04 at 1 :22 p.m.
3. Alleged Violation of Ordinance Sec. 130-67 (Handicapped)
4. Fines Include $250 Citation + $51.00 Operational Costs
v. BCC VS. Roqer & Judith Walker - Case SO 140569
1. Lawrence Keller, Issuing Officer
2. Citation SO 140569 issued 11/4/08 at 1 :22 p.m.
3. Alleged Violation of Ordinance Sec. 130-67(Handicapped)
4. Fines Include $250 Citation + $51.00 Operational Costs
vi. BCC VS. Ralph Andrea - Case SO 133085
1. Donald Lothrop, Issuing Officer
2. Citation SO 133085 issued on 11/12/04 at 11:46 a.m.
3. Alleged Violation of Ordinance Sec. 130-66 (Exp. Beach PermiUMeter)
4. Fines include $30 Citation + $51.00 Operational Costs
vii. BCC vs. Richard & Denise Hellem - Case SO 133716
1. Donald Lothrop, Issuing Officer
2. Citation SO 133716 issued 9/24/04 at 12:09 p.m.
3. Alleged Violation of Ordinance Sec. 130-66 (Unreadable Receipt)
4. Fines Include $30 Citation + $51.00 Operational Costs
viii. BCC vs Marsha DeFrancesco/Robert Creedon - Case SO 134948
1. William Hems, Issuing Officer
2. Citation SO 134948 issued 11/15/04 at 1:05 p.m.
3. Alleged Violation of Ordinance Sec. 130-66(ROW)
4. Fines Include $30 Citation + $51.00 Operational Costs
C. Collier County Code Enforcement
ix. BCC VS. Edward & Sally Callahan - Case CO 2004090039
1. Ed Morad, Issuing Officer
2. NOV Issued September 12, 2004
a. Alleged Violation of Ordinance 99-51: Litter
3. Fines Include $433.73 Operational Costs
x. BCC VS. Roberto Bollt. Taylor Square- Case CO 2004100813
1. Jeff Letourneau, Issuing Officer
2. Alleged Violation of Ordinance 04-41 as amended sec. 5.04.04A1 & B2
a. No Occupational License/No Temporary Use Permit
3. Fines include $203.17 Operational Costs
xi. BCC VS. John & Susan Quartucci - Case CO 2004071165
1. Jeff Letourneau, Issuing Officer
2. NOV issued on 8-4-04
3. Alleged Violation of Ordinance 91-102 sec. 2.6.7.1.1
a. Numerous unlicensed/inoperable vehicles
4. Fines include $151.12 Operational Costs
xii. BCC VS. Eliqio & Manuela Santos - Case CO 2004110884
1 . Carol Sykora, Issuing Officer
2. NOV Issued 11-23-04
3. Alleged Violation of Ordinance 04-41 as amended Sec. 10.02.06B1
a. Fence Without Permit
4. Fines Include $182.14 Operational Costs
xiii. BCC VS. Eliqio & Manueal Santos - Case CO 2004110618
1. Carol Sykora, Issuing Officer
2. NOV Issued 11-23-04
3. Alleged Violation of Ordinance 04-41 as amended sec. 4.02.07
a. Unenclosed fowl and pigs exceeding 25
4. Fines include $159.18 in Operational Costs
xiv. BCC VS. Alfredo & Maria Silva - Case CO 2004100318
1. John Santafemia, Issuing Officer
2. NOV issued on 11-19-04
3. Alleged Violation of Ordinance 04-41 as amended see 2.02.03
a. Storage of Building Materials
4. Fines include $135.54 Operational Costs
D. Adjourned - Next Hearing Scheduled for January 7, 2005
COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SrmVICES DIVISION
281)0 N. Horseshoe Dr .
Naples. Florída 34104 .
23'i-4IU·2440 . FAX 23'i·4fU·2343
Hearing of the Special Master
December 22,2004 8:30 A.M.
Hearinq Summary
A. CALL TO ORDER BY SPECIAL MASTER BRENDA GARRETSON
All those who testified at today's proceedings did so under oath.
B. SHERIFF'S OFFICE - HEARINGS
BCC vs. Lynda Pasqua - Case SO 140565
This hearing was requested by the Defendant. Officer Keller testified that he issued citation
number SO 140565 on 10/2512004 for $30 because Ms. Pasqua's vehicle did not have a parking
pass displayed and the meter she had parked at had expired.
Ms. Pasqua stated that she did have a parking pass affixed to her window. She was advised that
the Ordinance directs individuals to attach to their bumper, not a window.
The Defendant was found GUILTY of the violation cited and ordered to pay$51.00 in operational
costs. The original fine amount of $30 was waived.
BCC vs. William Bell- Case SO 140578
This hearing was requested by the Defendant. Officer Keller testified that he issued citation SO
140578 to Mr. Bell because he was parked handicap area without a permit displayed.
Mr. Bell stated that he spoke with several County employees who apparently told him it was
acceptable to park in that area. He was advised to get something in writing.
The Defendant was found GUILTY of the violation cited and ordered to pay $30 for the citation
in addition to $51.00 in operational costs. The citation was reduced to $30 because the
Defendant's copy indicated a fire lane violation, even though the original was indicated as a
handicap violation.
BCC vs. Chad Parker - SO 140562
This hearing was requested by the Defendant. Officer Keller testified that he issued citation SO
140562 to Mr. Parker because his vehicle was encroaching into a handicap access zone.
Mr. Parker presented photos, stating that his wife was forced to park further in one direction
because the car next to hers was over to far, causing her to park in the handicap access area. He
SM Hearing 12-22-04
noted that he assumed the area was for shopping carts. He stated that neither he nor his wife
would intentionally park in a handicap area.
The Defendant was found GUILTY of the violation cited and ordered to pay $30 for the citation
in addition to $51.00 in operational costs. The citation was reduced to $30 because the
Defendant's copy indicated a fire lane violation, even though the original was indicated as a
handicap violation.
BCC vs. Patricia Lomill- Case SO 140583
This hearing was requested by the Defendant. Officer Keller testified that he issued citation SO
140583 to Ms. Lomill for parking in a handicap parking space without displaying the required
permit.
Ms. Lomill testified that she is in possession of a valid permit, and provided proof of such to the
Special Master. She claimed that she had parked with her windows open, and her permit blew
down from the windshield.
Citation SO 140583 in the amount of$250 was DISMISSED.
BCC vs. Roger & Judith Walker - Case SO 140569
This hearing was requested by the Defendant. Officer Keller testified that he issued citation SO
140569 to Ms. Walker for parking in a handicap parking space without displaying a valid permit
(the one displayed had expired).
Ms. Walker stated that she did have a valid permit because of her ill husband. She claimed to
have inadvertently put up the wrong permit.
The Defendant was found NOT GUILTY and Citation SO 140569 for $250 was DISMISSED.
BCC vs. Ralph Andrea - Case SO 133085
This hearing was requested by the Defendant. Officer Lothrop testified that he issued citation SO
133085 to Mr. Andrea for parking at the beach with an expired beach permit.
Mr. Andrea stated that the Parks and Recreation Department had some delays in issuing new
parking permits. He asked Officer Lothrop if he was aware of this problem, to which the officer
replied that he was not aware of the issues until December. This citation was written on
November 12, 2004. Mr. Andrea stated that on the day he received this citation, he had already
obtained a valid temporary permit and it was in his glove compartment.
The Defendant was found GUILTY of the violation cited and ordered to pay $30 for the citation.
The operational costs of $51.00 were DISMISSED.
SM Hearing 12-22-04
BCC vs. Richard and Denise Hellem - Case SO 133716
This hearing was requested by the Defendant. Officer Lothrop testified that he issued citation SO
133716 to Mr. and Mrs. Hellem for parking at the beach without displaying a parking receipt.
Apparently, a receipt was present but placed upside-down in the Defendants' car.
The Defendants were not present at the hearing, but provided their parking receipt as evidence.
The Defendants were found NOT GUILTY of the violation cited. All fines/costs were
DISMISSED.
BCC vs. Robert Creedon - Case SO 134948
This hearing was requested by the Defendant, who was not present. Officer Hems testified that
11/1512004, he issued citation SO 134948 to Mr. Creedon because his vehicle was parked in the
right-of-way. Officer Hems provided photographs as evidence, and also stated that witnesses
were available to testify.
The Defendant was found GUILTY of the violation cited and ordered to pay Citation SO 134948
for $30 and operational costs in the amount of $51.00.
C. CODE ENFORCEMENT - HEARINGS
BCC vs. Edward & Sally Callahan - Case CO 2004090039
This hearing was requested by Ed Morad, Code Enforcement Investigator. The Defendant was
also present.
Investigator Morad testified that a Notice of Violation was issued to the Defendant on September
12, 2004 for violation of ordinance 99-51. He testified that he observed litter on Mr. Callahan's
property. When he confronted Mr. Callahan regarding the violation, Mr. Callahan denied the
existence of a violation. Mr. Morad provided photographs and other evidence of the violation.
Mr. Callahan stated that he believe he was being targeted by the Code Enforcement Department.
He also stated that he believes the violations alleged to be inaccurate.
The Defendant was found GUILTY of the violation cited and ordered to abate the violation by
December 28, 2004 or a fine of $150 per day would be imposed for each day the violation
continues thereafter. The Defendant was ordered to notify the Investigator of the date of
abatement so a final site inspection could be performed. Operational costs of $433.43 were also
imposed.
BCC vs. Roberto Bollt, Taylor Square - Case CO 2004100813
This hearing was requested by Jeff Letourneau, Code Enforcement Investigator. Kelly Smith of
Davidson Engineering was present on behalf of the Defendant.
SM Hearing 12-22-04
Special Master Garretson stated that Ms. Smith was not authorized to represent Mr. Bollt in this
matter. This case is re-scheduled for January 7,2005. Ms. Smith was advised that Mr. Bollt must
be present.
BCC vs. John & Susan Quartucci - Case CO 2004071165
This hearing was requested by Jeff Letourneau, Code Enforcement Investigator. The Defendant
was also present.
Investigator Letourneau testified that he received an anonymous complaint on July 22, 2004
regarding unlicensed/inoperable vehicles in the front and rear yard of the Quartuccis' property. A
Notice of Violation was issued on August 4, 2004 for a violation of ordinance 91-102 section
2.6.7.1.1; unlicensed and inoperable vehicles. The Investigator testified that as of the date of this
hearing, the violation has been abated.
Ms. Quartucci testified that she donated the vehicles to a charitable organization who claimed to
be delayed in picking up the vehicles due to the recent hurricane activity. The organization
claimed to contact Code Enforcement and advise them of this development.
The Defendant was found GUILTY of the violation cited and ordered to pay operational costs in
the amount of$151.12.
BCC vs. Eligio & Manuela Santos - Cases CO 2004110884 & CO 2004110618
This hearing was requested by Carol Sykora, Code Enforcement Investigator. The Defendant and
an interpreter were also present.
Investigator Sykora testified that she received an anonymous complaint on November 16, 2004
regarding the presence of pigs, chickens and an un-permitted fence on the Santos' property. Upon
a site inspection, Investigator Sykora did observe, chickens in excess of 25, pigs and an un-
permitted fence. Two Notices of Violation were issued on November 23, 2004 for violations of
ordinance 04-41, sections 1O.02.06B1 and 4.02.07; unenclosed fowl and pigs exceeding 25 and a
fence without a permit. To date, the pigs have been removed, a fence permit is in process and the
chicken count is being reduced.
Mr. Santos testified to the same.
The Defendant was found GUILTY of the violations cited and ordered to abate the violations by
December 28, 2004 by obtaining a CO for the fence, reducing the number of chickens, and paying
operational costs in the amount of $170 ($85 per case). Defendant must notify the Investigator
when the violations have been abated so a final inspection can be performed.
BCC vs. Alfredo & Maria Silva - Case CO 2004100318
This hearing was requested by John Santafemia, Code Enforcement Investigator. The Defendant
was also present.
SM Hearing 12-22-04
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Investigator Santafemia testified that he received an anonymous complaint on October 6, 2004
regarding building materials being stored in the rear portion of Mr. Silva's property. Upon a site
inspection, Mr. Santafemia observed said materials in the rear and side yards. A Notice of
Violation was issued on November 19, 2004 and mailed to the Defendants certified mail, as well
as posted at the property and courthouse. The violations were that of Ordinance 04-41 sections
2.02.03; the storage of building materials. On another site visit, Investigator Santafemia observed
a fence being constructed on the property. This was being done without a permit. Investigator
Santafemia stated that as of December 20,2004, the violation still remained on the property.
The Defendant stated that he has pulled permits for his other lot where the construction IS
occurring and he plans to move all building materials to that location.
The Defendant was found GUILTY of the violation cited and ordered to abate the violation by
December 30, 2004 or a fine of $50 per day would be imposed for each day the violation
continues thereafter. The Defendant was ordered to notify the Investigator of the date of
abatement so a final site inspection could be performed. Operational costs of $135.54 were also
imposed.
AU Defendants in today's proceeding will receive a copy of the Special Master's
Orders as recorded in the Official Records of Collier County, Florida.
The next hearing is scheduled for January 7, 2005.
Respectfully Submitted Date
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
SM Hearing 12-22-04